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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[criminal power] On September 22, 2017, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on September 22, 2017, and on April 16, 2020, the same court was sentenced to a suspended sentence of two years for a year for a crime of violating the Road Traffic Act.
【Criminal Facts】
1. Around 02:59 on June 21, 2020, the Defendant violated the Road Traffic Act (refusing to take a drinking level) was diving from BK7’s driver’s seat at the center of the 1365-1 Sinyang-Yan-gu road at the Hanyang-gu Police Station C District Rabman who was dispatched after receiving a report of a drinking judgment at around 03:12 on the same day, the Defendant again refused to take a drinking test by stating that “I are aware of it once once,” and again refused to take a drinking test at around 03:15 on the same day.”
As a result, the Defendant, who driven a motor vehicle under the influence of alcohol or refused to take a drinking test, refused to take a drinking test twice or more by failing to comply with a drinking test by a police officer, even though there are reasonable grounds to recognize that he is under the influence of alcohol.
2. Around 02:59 on June 21, 2020, the Defendant violated the Road Traffic Act (free license) driving of the BK7 car without obtaining a driver’s license in the section of about 2 km in the vicinity of the 2km distance from the insular area of Geumcheon-gu Seoul Metropolitan Government (hereinafter referred to as Geumcheon-gu).
3. At around 03:15 on June 21, 2020, the Defendant refused to take a drinking test, such as the foregoing paragraph (1), and attempted to set the roadways into the roadways. Accordingly, the Defendant committed assault, such as the Defendant’s refusal to take a drinking test, and the Defendant’s removal of D’s chests by hand, and the Defendant’s removal by hand, and the Defendant re-controled the Defendant, and the police officer affiliated with the C Zone E again, and then the Defendant bread the E’s fingers by hand.
As a result, the Defendant interfered with the legitimate execution of duties by police officers on the drinking measurement.
(i) the evidence;